State Probate Courts

The table below provides links to courts that handle probate affairs and estate administration in your state. Here you can find information on requirements and fees for filing documents, obtain forms, and get answers to frequently asked questions. As indicated, a number of states do not have separate courts that hear probate matters, and in such instances a link to your local court is provided. To suggest a resource for this page, please e-mail us.

Alabama
Alabama has 68 probate courts and 68 judges. The courts have jurisdiction over mental health, estate, adoption, and real property rights cases and do not allow jury trials.

California
California does not have a separate probate court. The Superior Court has jurisdiction over estate, mental health, and juvenile matters. The court does not allow jury trials for juvenile cases.

Delaware
The Court of Chancery handles probate matters, including estate, real property rights, and mental health. The court allows no jury trials. Delaware has a separate family court that handles juvenile matters and does not allow jury trials.

Georgia
Georgia has 159 probate courts and 159 judges. Georgia only has probate courts in counties with a population over 96,000 and where the probate judge is an attorney who has been practicing for at least 7 years. The courts have jurisdiction over mental health, estate, miscellaneous civil, moving traffic, and DWI/DUI matters.

Indiana
Indiana has only one specialized probate court with jurisdiction over adoption, estate, and miscellaneous civil and juvenile matters. In the rest of the state, probate proceedings are handled in county superior or district courts.

Iowa
Iowa does not have a separate probate court. The District Court has one associate probate judge and 12 associate juvenile judges. The court does not allow jury trials in juvenile or mental health cases.

Louisiana
Louisiana does not have a separate probate court. The District Court has jurisdiction over estate, mental health, adoption, and juvenile matters. However, the state has a separate juvenile court and family court.

Maine
Maine has 16 probate courts under county, not state, court system jurisdiction. The courts have jurisdiction over estate, adoption, and miscellaneous domestic relations matters and do not allow jury trials. The District Court has jurisdiction over mental health and juvenile matters and does not allow jury trials.

Massachusetts
Massachusetts has 14 divisions of probate and family courts with 51 justices. The courts have jurisdiction over estate, support/custody, paternity, domestic violence, miscellaneous civil, adoption, and divorce cases. The court does not allow jury trials. The state has a separate juvenile court, which allows jury trials.

Nebraska
Nebraska does not have a separate probate court. Nebraska has 93 County Courts in 12 districts, which have jurisdiction over estate, adoption, and juvenile matters. These courts have 59 judges and allow jury trials, except in juvenile cases. The District Court has jurisdiction over mental health cases.

New Hampshire
New Hampshire has two probate courts, which have jurisdiction over adoption, termination of parental rights, guardianships, trusts, wills, estates, involuntary commitments, and some equity matters. The courts do not allow jury trials.

New Mexico
New Mexico has 33 probate courts and 33 judges. These courts have jurisdiction over uncontested estate cases, but contested cases go to District Court. The District Court also has jurisdiction over juvenile and mental health matters.

New York
In New York the Surrogates Court has jurisdiction over adoption and estate. The court allows jury trials in estate cases. The Family Court has jurisdiction over guardianship and juvenile cases and does not allow jury trials.

North Carolina
North Carolina does not have a separate probate court. The Superior Court has jurisdiction over estate cases and allows jury trials. The District Court has jurisdiction over mental health and juvenile cases. The District Court allows jury trials in civil cases only.

Rhode Island
Rhode Island has 39 probate courts and 39 judges. The probate courts have jurisdiction over estate cases and do not allow jury trials. The District Court has jurisdiction over mental health cases, and the Family Court has juvenile jurisdiction.

South Carolina
South Carolina has 46 probate courts and 46 judges. The probate courts have jurisdiction over mental health and estate cases and do not allow jury trials. The Family Court has juvenile jurisdiction.

Tennessee
In Tennessee, § 16-16-201 holds that "...all jurisdiction relating to the probate of wills and the administration of estates of every nature...is hereby vested in the chancery court of the respective counties" unless specifically given by local legislation to other courts. Shelby County, for example, has established a probate court. Tennessee has 95 counties.

Texas
Texas has 16 probate courts and 16 judges with jurisdiction over estate and mental health matters. The probate courts allow jury trials. In Texas, the County Court of Law, Constitutional County Court, and District Court also have jurisdiction over estate, mental health, and juvenile matters. These courts allow jury trials.

Utah
Utah does not have a separate probate court. The District Court has jurisdiction over estate and mental health matters. This court allows jury trials in most case types. The Juvenile Court does not allow jury trials.

Virginia
Virginia does not have a separate probate court. The Circuit Court has jurisdiction over mental health and estate matters; the District Court has jurisdiction over mental health and juvenile matters.